Title X - Water Settlements, Subtitle C - Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement

Federal Legislation: 10 pages in 466 page Act.Federal Legislation: Title X – Water Settlements, Subtitle C - Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement, Sec. 10800, Omnibus Public Land Management Act of 2009, PL 111-11, 123 Stat. 991, 1405 (Mar. 30, 2009) This Act ratifies the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement to establish water rights for the Tribe and the Upstream Water Users, in the East Fork Owyhee River, NV. The Act provides that the Tribes must enact a water code and the US must establish a Shoshone-Paiute Tribes Operation and Maintenance Fund and a Shoshone-Paiute Tribes Water Rights Development Fund for acquisition of land and water rights, improving fish or wildlife habitat and production, water and sewer systems, water resource or agricultural development, operations, expansion of the Irrigation Project, cultural preservation and others. It authorizes appropriations of $9M for years 2010 – 2014 for the Development Fund and $3M for years 2010 – 2014 for the O&M Fund. The Tribes will develop a fund management plan. The Tribes are not authorized for use water off reservation other than for storage at Wild Horse Reservoir for use on tribal lands; for allocation to upstream water users under the Agreement; and for use on tribal lands off reservation. It requires (1) execution of the waivers and releases; (2) entry of judgment and decree by Fourth Judicial District Court, Elko County, NV, consistent with the Agreement and from which no further appeal can be taken; and (3) specified amounts have been appropriated. The deadline is March 31, 2016. The US consents to jurisdiction in an appropriate forum for enforcement of the Agreement. The Tribes are in proceedings before the Nevada State Engineer of the East Fork of the Owyhee River Adjudication. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-111publ11/pdf/PLAW-111publ11.pdf